This Is Why You Should Make A Personal Injury Claim
The Law Of... being mindful of that manholeWe can suffer injuries at anytime, anywhere but no one expects to be injured on their own doorstep. Unfortunately, this is what happened to one of our clients.
Fell on Tipped Manhole
Our client, who is a 31 year old senior care worker, was cutting across the grass to get her front door. This is something that we all regularly do without injury, especially if we're trying to get home quickly. On most occasions it's done without injury but in this case our client stepped on a manhole cover which tipped.
She fell and suffered soft tissue damage
to her back, shoulders
and leg. Soft tissue damage can often last for a very long time, as it is hard to treat. Physiotherapy can help in some circumstances, but rest is the usual recommended treatment before gradually getting back to normal activities.
Being employed as a senior care worker can be a physically demanding job. Often working shifts and carrying out physical activities, someone in this position needs to be able to move about freely without pain. After an accident like this, it was impossible for our client to do so.
Even after the pain and suffering caused by the defective manhole, she still didn't believe she had a case. One of the common misconceptions about personal injury is that some cases are not worth pursuing. You may say to yourself, I've only had a small fall, it's not worth going to a solicitor. But, this simply isn't true. Without speaking to a solicitor, it's impossible to know how much your claim is worth even if you may have spoken to friends and family who have been in a similar situation. The court has no set thresholds for awarding compensation and your solicitor can always negotiate on your behalf to get a higher settlement if the case doesn't go to court.
Getting the Right Solicitor
In this particular incident, we negotiated with the water company responsible for the manhole cover and decided that a sum of £6,950 was a fair settlement claim for our client. They admitted they were responsible for the accident very quickly after we submitted the case to their solicitors.
You have 3 years from the time of an accident to make a claim for personal injury compensation
, but the sooner you get legal advice the better as this gives us time to track down the person who is responsible for your injury.
Whilst working on our client's case, we arranged for her to have a privately funded MRI scan on her back to support her claim
. Cases like this, especially those concerning soft tissue injuries, are hinged on the medical evidence and it was essential that this took place. We have seen a number of cases where the previous solicitor has not employed a reliable medical expert leading to problems further on down the line. This is better known as professional negligence. We can consider a claim for this whilst handling your personal injury claim if you have been affected or following a personal injury claim that was handled poorly.This was a win for our client and an excellent example of why, if you've had an injury, you should speak to a solicitor about pursuing a claim.